20.25E.180 Shoreline Conditional Use Permit.
A. Applicability and Scope. This section applies to each application for a Shoreline Conditional Use Permit. This section establishes the procedure and criteria that the City will use in making a decision upon an application for a Shoreline Conditional Use Permit. Criteria for obtaining a Shoreline Conditional Use Permit shall be as set forth in Chapter 173-27 WAC and LUC 20.25E.150 and this section.
B. Limitation on Filing. An application for a Shoreline Conditional Use Permit will not be accepted for filing unless accompanied by a complete application for a Shoreline Substantial Development Permit. Refer to LUC 20.25E.160.
C. Purpose. A Shoreline Conditional Use Permit is a mechanism by which the City may both provide more control and allow greater flexibility in administering the Shoreline Master Program in a manner consistent with the policies of the SMA. The City may permit certain uses to be established or may require special conditions on development or on the use of land to ensure that designated uses or activities are compatible with other uses in the same land use district and in the vicinity of the subject property.
D. Decision Criteria.
1. The City may approve or approve with modifications an application for a Shoreline Conditional Use Permit if:
a. The proposed use is consistent with RCW 90.58.020 and the SMP;
b. The proposed use will not interfere with the normal public use of public shorelines;
c. The proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the Bellevue Comprehensive Plan and SMP;
d. The proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located;
e. The public interest suffers no substantial detrimental effect;
f. The proposed use will be served by adequate public facilities including streets, fire protection, and utilities;
g. The proposed use is consistent with the Bellevue Comprehensive Plan; and
h. The proposed use complies with the applicable requirements of the Bellevue City Code.
2. Consideration of Cumulative Impacts. In the granting of all Conditional Use Permits, the City shall also consider the cumulative impacts of additional requests for like actions in the area. For example, if Conditional Use Permits were granted for other development in the area where similar circumstances exist, the total of the conditional uses shall also remain consistent with the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the shoreline environment.
E. Effective Date. Notwithstanding the provisions of LUC 20.25E.100 through 20.25E.130, a Shoreline Conditional Use Permit is not effective until it is approved by the Department of Ecology as required by WAC 173-27-200.
F. Appeals of Department of Ecology Final Decisions. Appeals of the Department of Ecology decision to grant, deny or rescind a Shoreline Conditional Use Permit shall be in accordance with RCW 90.58.180.
G. Commencement of Activity. Development shall not commence and is not authorized until a Shoreline Conditional Use Permit is approved by the Department of Ecology or until all review proceedings before the Shorelines Hearings Board are terminated if the proceedings were initiated within 21 days of the date of receipt as defined in RCW 90.58.140(6).
H. Revisions to an Approved Shoreline Conditional Use Permit. Revisions to a previously approved Shoreline Conditional Use Permit shall be processed in accordance with LUC 20.25E.150.E and WAC 173-27-100.
I. Merger with Binding Site Plan.
1. General. The applicant may request that the site plan approved with the Shoreline Conditional Use Permit constitute a Binding Site Plan pursuant to Chapter 58.17 RCW.
2. Survey and Recording Required. If a site plan is approved as a Binding Site Plan, the applicant shall provide a recorded survey depicting all lot lines and shall record the approved site plan and survey with the King County Department of Records and Elections, or its successor entity. No document shall be presented for recording without the signature of each owner of the subject property.
3. Effect of Binding Site Plan. Upon the approval and recording of a Binding Site Plan the applicant may develop the subject property in conformance with the approved and recorded Binding Site Plan and without regard to lot lines internal to the subject property. Any sale or lease of lots or parcels within the subject property shall be subject to the approved and recorded Binding Site Plan and the requirements of state law.
J. Periodic Review. The City may impose periodic review requirements as a condition of permit approval.
K. Modification/Revocation.
1. Modification. The City may initiate a modification to an approved Shoreline Conditional Use Permit. A modification will be processed through Shoreline Process I decision pursuant to LUC 20.25E.110. Through the modification procedure, the Hearing Body may delete, modify or impose additional conditions upon finding that the use for which such approval was granted has been intensified, changed or modified by the property owner or by person(s) who control the property without approval so as to significantly impact surrounding land uses.
2. Revocation. The Hearing Body may revoke an approved permit through Shoreline Process I decision pursuant to LUC 20.25E.110. An approved permit may be revoked only upon a finding that:
a. The use for which the approval was granted has been abandoned for a period of at least one year;
b. Approval of the permit was obtained by misrepresentation of material fact; or
c. The permit is being exercised contrary to the terms of approval. (Ord. 6416, 5-21-18, § 2)